If you’ve been in a car accident caused by someone else’s negligence and you’re seeking compensation, you might be wondering what fair compensation looks like. Our car accident lawyers in Houston, TX will help you understand how this compensation is calculated, and we’ll make sure you get it when you work with us.
Ask a Car Accident Lawyer in Houston, TX: What Is Fair Compensation for Pain and Suffering?
Anyone who has been in a car accident knows how stressful and upsetting they can be. Dealing with fixing your car and managing insurance claims can get all the more complicated when you’ve also suffered a personal injury.
If you have experienced an injury, then our car accident lawyers are ready to help you. We will help you prove the pain and suffering that you have experienced, and we’ll help to make sure that you get fair compensation for it. Now, you might be wondering what exactly fair compensation is in this case. An injured person may seek out compensation to cover bills and expenses or to assist with other ways your injury may have affected your life.
How Is Compensation Calculated?
When people are filing a personal injury lawsuit, they often wonder what dollar amount they can expect from their settlement. However, because every individual and every case is different, it’s not possible to provide an exact number without looking at the specifics of your claim.
There are a couple of different ways that your compensation might be calculated. Several different factors will be taken into account while considering these calculations. Some of these factors include:
• The type of injury you received
• The severity of your injury
• State laws
• The type of accident
• What medical treatments are needed
• How the injury has impacted your overall life
If the multiplier method is used to calculate the compensation you receive, then there are two basic steps to the process. The first thing that will happen is that the total of all your economic damages will be calculated. This includes things like medical bills, missed wages from work, physical rehabilitation, counseling costs, and repairs to your vehicle.
Once these damages have been added, the total will be multiplied by a number between 1.5 and 5. The number will be decided during negotiations. It’s usually determined based on the severity of your pain and suffering. The resulting total will be how much you are compensated for your injuries and damages.
Per Diem Method
The other way of determining how much you get compensated is by using the per diem method. It is generally not used as frequently as the multiplier method. You should also be aware that insurance companies and legal professionals may use other methods of calculating your compensation that are not these two.
When the per diem method is used to determine your compensation, a specific dollar amount is assigned to you beginning from the day you received your injuries to the point where your medical conditions are no longer able to improve. This dollar amount will be based on how much daily pain and suffering you experience.
What Counts as Pain and Suffering?
If you are planning on working with a car accident lawyer to get compensation for your personal injury, then one thing you’ll need to understand for your lawsuit is what exactly the term “pain and suffering” means.
This is a legal term that refers to any physical or emotional pain that you have experienced because of your accident. If you have experienced a physical injury because of the negligence of another like a broken or fractured bone, brain injuries, or paralysis, you could receive compensation. You can also receive compensation if you’ve received any emotional injuries like depression, post-traumatic stress disorder, or cognitive issues.
How Do You Prove Pain and Suffering?
If you are looking to get compensation for your pain and suffering, then it will be up to you and your car accident lawyer to prove that your injuries and damages have affected all areas of your life.
How Your Injury Has Affected Your Personal Life
One of the major ways that a personal injury will affect you is by changing your personal life. This can happen in a variety of ways. Your injuries may hinder your ability to do things that you used to enjoy. For example, if you used to participate in sports but your injury has stopped you from being able to do so, that’s evidence that your car accident lawyer can use to prove pain and suffering.
After you’ve experienced an injury, you should try to keep a detailed account of the ways your life has been affected. Detail the ways that your injury or injuries have impeded your ability to enjoy activities you used to, and write down how you feel each day.
How Your Injury Has Affected Your Job
Your job plays a huge role in your overall life. So, if your injury has impacted your job in any way, that can also result in a lot of emotional distress. Your injury may have also made you miss wages at work. It’s also possible that your injury has resulted in your demotion if they hinder your ability to perform your daily work tasks effectively.
If your job has been affected by your injury, you can prove this in front of a jury in a few ways. If you have any pay stubs that show a loss in wages or if your boss can provide you with a note, those documents can help demonstrate the way your injury has compromised your ability to work.
How Your Injury Has Affected Your Mental Health
An injury is rarely only physical. Any type of injury usually also involves a lot of emotion. If your mental or emotional health has been damaged because of your injury, there are a few ways you can prove that. Keeping a journal is one way. If you are seeing a mental health professional, they can also provide you with notes or prescriptions that you can present to the jury.
After your injury, you may find that you experience a range of mental health issues. Another way an injury can impact your life is by affecting your relationships with other people. You may find yourself feeling isolated, which can drastically change the relationships that you have with others.
How to Get Fair Compensation from Your Lawsuit
If you are looking to get compensation for your personal injury, then it’s best to work with a lawyer. You can certainly represent yourself, but navigating an injury while at the same time trying to represent your case in court is rarely a good idea.
It’s best to work with a qualified and caring car accident lawyer, like those at our firm. We’ll be able to make sure that you are getting fair compensation, and we’ll be able to help you renegotiate if you believe the offer is too low.
Work With the Best Personal Injury Lawyers
If you’re looking to file a lawsuit, then working with a passionate and knowledgeable team is important, especially if you’re also dealing with an injury. Our team of lawyers is ready to help you get the compensation you deserve. Get in touch with us today at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, TX.